Live location Bail Condition enabling police to constantly track movements and virtually peep into private life of accused cannot be imposed: SC

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Supreme Court: In a special leave to appeal against the Delhi High Court’s decision imposing a condition for granting interim bail to a Nigerian national, accused under the , the Division Bench of Abhay S Oka and Justice Ujjal Bhuyan, JJ. while examining that whether a bail condition requiring an accused to share Google Maps pin with the investigating officer to access his location violates right to privacy, said that there can’t be a bail condition enabling the police to constantly track the movement of the accused on bail.

In the matter at hand, two issues were raised regarding the bail conditions, one, as to obtaining the assurance from the Embassy and the second is of the condition regarding dropping a PIN on Google Map. In one of the previous orders, the Court viewed that such onerous condition, as to assurance from the Embassy, cannot be put as no Embassy will be able to give such an assurance.

The Bench set aside the bail condition saying that it would affect the right to privacy of the accused. Regarding the bail condition, as to assurance from the embassy, the Court set aside the same and said that there cannot be bail conditions that defeats the purpose of granting bail.

Source: Press

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